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Blind applicant allowed bar test help

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Published: Jan. 31, 2010 at 8:52 PM

SAN FRANCISCO, Jan. 31 (UPI) -- A federal judge says a blind student can use computer-assisted reading devices in California's bar exam, in a ruling that rejected examiners' arguments.

U.S. District Judge Charles Breyer ordered the National Conference of Bar Examiners to accommodate Stephanie Enyart when she takes the February test, the San Francisco Chronicle reported Sunday.

Enyart, 32, a UCLA Law School graduate, took tests at the school on her laptop, which magnified the text of questions and read them aloud into earbuds.

The examiners had argued such assistance would give too much of an edge to Enyart and that putting the questions on computer disks could lead to theft.

Enyart, who suffers from macular degeneration and retinal dystrophy, was declared legally blind when she was 15 .

The examiner's lawyer, Gregory Tenhoff, argued federal disability law "does not require testing organizations to provide disabled examinees with their preferred accommodations." He also contended if the test questions were on computer disk hackers and thieves had a better chance of getting them.

Enyart, a law clerk at Disability Rights Advocates in Berkeley, said a computer setup was essential so she would have a fair chance of passing the bar exam.

Judge Breyer agreed and said the bar could supply its own computer for better security.

"A disability should not prevent an individual from pursuing their dream, if that's what it is, of practicing law," the judge said.

© 2010 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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